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Buying a US Property with a US Citizen - B1/B2 or VWP?

Buying a US Property with a US Citizen - B1/B2 or VWP?

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Old Feb 1st 2008, 4:49 pm
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Default Buying a US Property with a US Citizen - B1/B2 or VWP?

Firstly what a great site for information!!
I am considering the Joint Purchase of a Townhouse/Condo in Dallas TX with a US Citizen. I am aware of the IRS SPT so it is not my intention to spend more than 180 days in US in any 1 year. My proposed visits to US would be 3-4 times per year for pleasure purposes only and any 1 visit would not exceed 90 days.
I would ensure that I have sufficient Medical Insurance in place for each visit.

Questions:
1. Would there be any benefit in applying for a Multi Entry B1/B2 Visa?
2. Would repeated entries using VWP eventually incur an investigation at POE which could result in refusal of entry?

My background:
UK Citizen-male-aged 60; Completed 2 year work contract in USA on L1 Visa end of 2006.
I am now semi-retired, own a UK LTD Company which employs me when I carry out a small amount of Consultancy work in UK.
I pay UK Income Tax
I have US and UK Bank accounts and Credit cards.
I have sufficient £ & $ savings in Offshore Accounts to support myself in my Semi-Retirement.
When in UK, I live at my mother's address and all of my UK Banking, Credit Cards and Inland Revenue communications are linked to this address.
My US Banking and Credit Cards are linked to my US friends address as there can be a problem making purchases (especially Airline Tickets) using a US Card registered to a non-US address.
In 2007 I spent a total of 84 days in US over 4 separate visits and only received 1 serious grilling at POE when arrived back to US from a 6 day vacation in Mexico, have since entered US 3 times (from UK & ST Lucia) on VWP with no problems.

I hope the above background is sufficient information to enable some informed answers to my questions
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Old Feb 1st 2008, 5:03 pm
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Default Re: Buying a US Property with a US Citizen - B1/B2 or VWP?

Originally Posted by ukabroad
Firstly what a great site for information!!
I am considering the Joint Purchase of a Townhouse/Condo in Dallas TX with a US Citizen. I am aware of the IRS SPT so it is not my intention to spend more than 180 days in US in any 1 year. My proposed visits to US would be 3-4 times per year for pleasure purposes only and any 1 visit would not exceed 90 days.
I would ensure that I have sufficient Medical Insurance in place for each visit.

Questions:
1. Would there be any benefit in applying for a Multi Entry B1/B2 Visa?
2. Would repeated entries using VWP eventually incur an investigation at POE which could result in refusal of entry?

My background:
UK Citizen-male-aged 60; Completed 2 year work contract in USA on L1 Visa end of 2006.
I am now semi-retired, own a UK LTD Company which employs me when I carry out a small amount of Consultancy work in UK.
I pay UK Income Tax
I have US and UK Bank accounts and Credit cards.
I have sufficient £ & $ savings in Offshore Accounts to support myself in my Semi-Retirement.
When in UK, I live at my mother's address and all of my UK Banking, Credit Cards and Inland Revenue communications are linked to this address.
My US Banking and Credit Cards are linked to my US friends address as there can be a problem making purchases (especially Airline Tickets) using a US Card registered to a non-US address.
In 2007 I spent a total of 84 days in US over 4 separate visits and only received 1 serious grilling at POE when arrived back to US from a 6 day vacation in Mexico, have since entered US 3 times (from UK & ST Lucia) on VWP with no problems.

I hope the above background is sufficient information to enable some informed answers to my questions
As an approaching retirement person you intend to treat yourself
as a retirement present a 4 to 6 month trip ....to the USA
A very common scenario .....get the B-2 ...
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Old Feb 1st 2008, 9:26 pm
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Default Re: Buying a US Property with a US Citizen - B1/B2 or VWP?

Many thanks Ray for your prompt reply but it does not really answer my question because I will be making regular trips for years to come if I buy this property.
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Old Feb 1st 2008, 9:34 pm
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Default Re: Buying a US Property with a US Citizen - B1/B2 or VWP?

It does answer your question. You asked if there was benefit in getting the B1/2 - yes. Is there a chance of being refused entry on the VWP after repeated trips (btw, 3-4 trips of up to 90 days each is a lot of days)? Yes. There's a chance of being refused entry with any visa. It just gives you the right to present at the POE, not to get in.

The B visa is valid for multiple entry for 10 years, and is commonly used by retired people.
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Old Feb 1st 2008, 10:00 pm
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Default Re: Buying a US Property with a US Citizen - B1/B2 or VWP?

Many thanks for your prompt reply Augigi, the previous reply from Ray did not mention that I would be refused entry if I made repeated trips on VWP even though my total stay in US over 3-4 trips would be less than 180 days per year.

When applying for a B1 Visa will there be any problem in giving the reason for my application as to spend time in my proposed jointly owned Condo with my US friend?
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Old Feb 1st 2008, 10:04 pm
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Default Re: Buying a US Property with a US Citizen - B1/B2 or VWP?

Originally Posted by ukabroad
Many thanks for your prompt reply Augigi, the previous reply from Ray did not mention that I would be refused entry if I made repeated trips on VWP even though my total stay in US over 3-4 trips would be less than 180 days per year.

When applying for a B1 Visa will there be any problem in giving the reason for my application as to spend time in my proposed jointly owned Condo with my US friend?
You may well get way with many trips on the VW without problem ..
but one day you may want to stay longer

A B-1 is a business visa ... you need a B-2

thats smacks of cohabitating and living in the US
your are tourist .. just visiting ...as a tourist

I can't say it plainer
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Old Feb 1st 2008, 10:06 pm
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Default Re: Buying a US Property with a US Citizen - B1/B2 or VWP?

Many thanks for the advice Ray is is appreciated
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Old Feb 1st 2008, 10:56 pm
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Default Re: Buying a US Property with a US Citizen - B1/B2 or VWP?

What's the benefit of a B2? No trip longer than 90 days.
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Old Feb 1st 2008, 11:57 pm
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Default Re: Buying a US Property with a US Citizen - B1/B2 or VWP?

Originally Posted by ukabroad
Many thanks Ray for your prompt reply but it does not really answer my question because I will be making regular trips for years to come if I buy this property.
Hi:

Actually Ray answered the question. Although your case is a little different, it is a common scenario for retired Canadians to winter in the US. There is even a nickname of "snowbirds".

No guarantees -- but it is a bona fide visit to spend many times in the US without making it your permanent home. One advantage of a B-2 application is that the applications are now being digitized and will be [and sometimes are] available to CBP inspectors on their computer monitors.

And by the way, IMHO, the adverse tax consequences of spending more that 180 a year should be documented.
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